T.Thankachan vs The Chief Engineer (Hrm) on 28 August, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 23838 of 2004(K)


1. T.THANKACHAN, CHARUVILAPUTHEN VEEDU,
                      ...  Petitioner

                        Vs



1. THE CHIEF ENGINEER (HRM), KERALA STATE
                       ...       Respondent

2. THE DEPUTY CHIEF ENGINEER,

3. THE EXECUTIVE ENGINEER,

4. THE ASSISTANT EXECUTIVE ENGINEER,

                For Petitioner  :SRI.P.S.SREEDHARAN PILLAI

                For Respondent  :SRI.K.S.ANIL, SC, KSEB

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :28/08/2009

 O R D E R
                      ANTONY DOMINIC, J.
                    ================
                W.P.(C) NO. 23838 OF 2004 (K)
               =====================

          Dated this the 28th day of August, 2009

                          J U D G M E N T

Petitioner’s grievance is that he retired from the service of

the respondents as Sub Engineer and his pension and other

terminal benefits have not been disbursed.

2. A counter affidavit has been filed by the 2nd

respondent. In so far as the pensionary benefits that are due to

the petitioner is concerned, it is stated in para 4 and 5 of the

counter affidavit as follows:

(4) It is submitted that Sri.T.Thankachan, Overseer,
Electrical Section, Peerumade retired from the Board’s
service on 30/4/2003. After clearing the observations
noted in the preliminary verification of pension papers,
the Service Book, final pension papers and the connected
documents were received in the pension sanction section
on 21/7/2004. Accordingly all the pensionary benefits due
to the petitioner were sanctioned and authorized for
payment vide PA.V/PPO.32598/247 dt 6.8.2004. The
petitioner submitted the required pension receipts on
25/8/2004 and his first monthly pension of Rs.6430/- had
been disbursed to him vide Cheque No.437967 dt
26.8.2004 of the Executive Engineer, Electrical Division,
Kattappana. The commuted value of pension for
Rs.2,25,903 has been drawn vide cheque No.442934 dt
18.10.2004 and DCRG of Rs.204307/- (after deducting
the liability ofo Rs.74,593/-) has also been drawn vide
cheque No.442511 dt 20.9.2004. The Executive Engineer,
Electrical Division, Kattappana has reported that since
the petitioner did not approach the office even after due
intimation, the same amounts were deposited with SBT,
Painavu in Account No.505587 in the name of

WPC 23838/04
:2 :

Sri.T.Thankachan, Overseer (Retd.).

(5) It is submitted that the pension arrears due to the
petitioner from 1.5.2003 to 31.8.2004 amounting to
Rs.1,34,768/- has been paid to him vide cheque
No.434981 dt 11.1.2005 of the Executive Engineer,
Electrical Division, Kattappana.

3. In so far as the claim for Employees Welfare Fund is

concerned, in para 6, respondent has stated that the petitioner

has not been enrolled as a member of the Welfare Fund.

However, it is further stated that vide letter dated 3/9/04, the

Chief Personnel Officer of the Board has directed the Executive

Engineer, Electrical Division, Kattappana to forward the

application for sanctioning the benefit from the Welfare Fund.

Having regard to the above stand taken by the Board in the

counter affidavit thus filed, no further orders are called for in this

writ petition and the writ petition is accordingly closed.

ANTONY DOMINIC, JUDGE
Rp